EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

03.24.18

China’s Equivalent of PTAB and BoA, the Patent Reexamination Board (PRB), Can Confirm Some Chinese Patents Are of Low Quality

Posted in Asia, Europe, Patents at 10:19 am by Dr. Roy Schestowitz

Need law quality, not low quality

Patent Reexamination Board (PRB)
A three-year-old presentation about PRB [PDF]

Summary: The Patent Reexamination Board (PRB) of China’s State Intellectual Property Office (SIPO) has just tackled SEP (standard-essential patent), but only after a lot of abuse from a CPC-connected patent parasite which targets foreign companies

THERE is plenty of discussion about patent quality these days. Earlier this month nearly a thousand patent examiners from the EPO complained that patent quality had declined. That’s a quarter of the total number of examiners; many of the rest were probably just too afraid to sign the petition (especially amid rumours of staff cuts). The EPO’s Boards of Appeal (BoA) are already under heavy attacks, so it will be hard for them to speak about quality without risk of rather ‘fatal’ retribution (they have already been sent to ‘exile’ and a colleague had his career destroyed).

“SEP has come under strong scrutiny in Japan lately (much to the concern of the patent trolls’ lobby) and if the patent office gets it wrong on SEP, then destruction of innovation is assured.”Longtime readers of ours know we’re not against the system but rather pro-patent quality (i.e. reform). The system lost sight of its original purpose, especially in recent decades. A few years back China went down the same trajectory, in essence granting a lot of patents only a minuscule proportion of which was actually worth a damn (that’s the portion which gets translated from Mandarin and ‘exported’ to other continents in the form of patent applications).

Earlier this year we wrote about how China had begun bullying Korean giants (notably Samsung and LG) using patents. This already repelled and drove out parts of LG. Samsung has stayed and fought back, even with some lawsuits (as we covered earlier this month).

According to the patent trolls’ lobby (IAM), which wrote this paywalled post yesterday, SIPO (China, not Croatia) has just found a patent it had granted — only to be used by some troll/opportunist (IAM calls it “state-affiliated entity”) to harass Samsung — to be invalid. How many Chinese patents aren’t worth the paper they’re written on (and bytes/magnets they’re stored on)?

In the words of the patent trolls’ lobby:

China’s patent office has dealt a blow to a local SEP developer that last year kicked off an assertion campaign against major television manufacturers in Chinese courts. On February 28th, the Patent Reexamination Board (PRB) of China’s State Intellectual Property Office (SIPO) invalidated all the claims to patent number CN 200710141661.6, entitled “Audio decoding”. The patent is one of a reported 25 grants owned by Digital Rise, a Guangzhou-based developer of audio standards. A local subsidiary of Samsung Electronics filed the invalidation request on August 17th, shortly after the company became the first foreign target in a litigation spree launched last summer…

It’s reassuring to know that China has PRB. SEP has come under strong scrutiny in Japan lately (much to the concern of the patent trolls’ lobby) and if the patent office gets it wrong on SEP, then destruction of innovation is assured. SEP is all about monopoly, not fair competition.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 22/10/2019: MX-19, Tails 4, Mesa 19.1.8 Released

    Links for the day



  2. “Stallman Was Right” is Not Just a Meme as It's Usually True

    The track record of Stallman isn't immaculate, but it's exceptionally good if not impressive



  3. EPO Diplomatic Immunity

    What people can get away with at the European Patent Office (EPO) if their name is Battistelli or António Campinos



  4. Dr. Ingve Björn Stjerna Reveals How the German Government Actively Ignored SMEs to Push the Notorious 'Unitary Patent' Sham

    Turning European Patents (which are no longer good patents but expensive or overpriced patent monopolies — patents which European courts will likely reject) into “unitary” ones (i.e. enforceable EU-wide with one legal action) would harm wrongly-accused parties that mostly or only operate in one single country, overriding the authority of those parties’ national laws and courts



  5. Links 22/10/2019: Pacman 5.2, Shame of Disney+ DRM, Microsoft's DRM Scheme, Microsoft Reprimanded for Privacy Abuses

    Links for the day



  6. Patents Need to Exist Only to Pass Information Around and Keep Good Ideas Alive, Not to Feed Litigation Firms and Litigation 'Enthusiasts'

    The current situation or the status quo where legal professionals are advised not to even look at patents means that patents aren’t for “information” and “innovation” anymore; moreover, calling them “intellectual property rights” (or IPRs) is spreading a malicious lie



  7. IRC Proceedings: Monday, October 21, 2019

    IRC logs for Monday, October 21, 2019



  8. SUEPO Protest Tomorrow. All EPO Staff in Munich Ought to Attend and Prepare to Strike Too.

    Tomorrow’s planned protest should be a bridge towards a full strike, which takes more time to plan for and get authorisation for (because of increasingly strict restrictions)



  9. Looking for Explanations About Samsung's DeX and Other FOSS Initiatives Being Canned

    DeX was primarily a threat to the desktop/laptop monopoly of Microsoft, so its sudden abandonment — without even an explanation — continues to attract speculations



  10. EPO Will Need a Lot More Than Photo Ops and Hoax 'Studies' to Restore the Perception of Lawfulness

    Battistelli‘s illegal attacks on European Patent Office (EPO) judges have tarnished any impression that the EPO serves justice and the current regime torpedoes an assessment of these attacks; EPO workers understand that to follow guidelines from the management may be a breach of the EPC



  11. Links 21/10/2019: More on DeX, Disney DRM and Linux 5.4 RC4

    Links for the day



  12. GNU/Linux is Bigger Than Ever (Used More Than Ever Before), But Communication Means and Brands Have Changed

    The GNU/Linux market is alive and healthy; it's how we measure its health that ought to adapt because things are constantly changing, more rapidly in the realm of technology than anywhere else



  13. IRC Proceedings: Sunday, October 20, 2019

    IRC logs for Sunday, October 20, 2019



  14. Samsung Does Not Say Why It's Dropping DeX, But the ASUS EEE Story Might Offer Clues

    It's not at all outlandish or unreasonable to suggest that Microsoft used patents or bribes or kickbacks as incentives for Samsung to abandon GNU/Linux as a desktop platform



  15. EPO: It's Only Getting Worse

    Inhaling Seagull meme for EPO presidents



  16. It Has Begun: EPO Staff Protests Against António Campinos (Starting Wednesday)

    Wednesday marks the resumption of EPO protests; it’s happening for the first time under Campinos and only a year after he took Office. Even Battistelli, the notorious thug, lasted longer before such escalations/actions or — put another way — he did better than that (if one checks the timeline of his presidency)



  17. Links 20/10/2019: GNU/Linux at Penn Manor School District, Wine-Staging 4.18, Xfce 4.16 Development, FreeBSD 12.1 RC2

    Links for the day



  18. Guest Post: Understanding Autism for More Complete Inclusion

    "...assuming that autistic people are all the same isn't only technically wrong, it is misleading and leads to harmful and needless misunderstandings."



  19. Guest Post: Free Software Freedom is Not a Freedom of Choice

    The concept of "Freedom of Choice" and how the ruling class uses it to give a false impression of "Freedom"



  20. Guest Post: Free Software Developers and Pursuing 'Market Share'

    "The only people interested in software freedom are (almost always) free software developers. And users are interested in freedom to a very limited extent: the "free beer" side. Even many free software developers are only interested in the "free beer" part of free software."



  21. The Assertion That Microsoft Uses Communist Tactics Against GNU/Linux and Free/Libre Software

    A study of Taistoism might help understand how Free/libre software is being undermined



  22. European Patent Office and US Patent and Trademark Office Cranks Discovered Buzzwords, Stopped Worrying, Started Granting Patents They Know to be Fake

    The world's patent repositories are being saturated with loads of junk patents or patents that have no legal bearing but can still be leveraged for extortion purposes; the EPO is resorting to lies and artificially-elevated buzzwords to justify granting such fake (yet ruinous) patents



  23. IRC Proceedings: Saturday, October 19, 2019

    IRC logs for Saturday, October 19, 2019



  24. “The True Hypocrite is the One Who Ceases to Perceive His Deception, the One Who Lies With Sincerity,” Said André Paul Guillaume Gide (Nobel Prize in Literature)

    Lies flow like water in the realm of EPO and its publishers, whose sole role is dissemination of deliberate falsehoods, misnomers and misinformation



  25. The EPO Cannot Guard Fake European Patents From Scrutiny (in the Long Run)

    Legal certainty associated with newly-granted European Patents is already pretty low and as long as the EPO refuses to acknowledge that its courts (or boards) lack autonomy the EPO merely brushes a growing problem under the rug



  26. Links 19/10/2019: DeX Discontinued, DXVK 1.4.3 and Wine 4.18 Released

    Links for the day



  27. 'Corporate Linux' Will Not Protect Software Freedom

    The corporate model is inherently not compatible with software that users themselves fully control (or Software Freedom in general), so we must rely on another model of sovereignty over code and compiled code (binaries)



  28. IRC Proceedings: Friday, October 18, 2019

    IRC logs for Friday, October 18, 2019



  29. 26,000 Posts

    We want to thank those who help spread the word; it gives us moral support and morale.



  30. The Myth of 'Analysts'

    People with exaggerated roles (exaggerated by corporate media and corporations that control them) distort public perceptions about their clients; they're in effect just elevated marketing or Public Relations (PR) operatives


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts